Supreme Court has granted relief to centre in matter of reservations in promotions (RIP) to be carried in the category of SC/ST in accordance with law.

Before orders, the entire process of promotions had reached a standstill. Both the Apex Court and High Courts of other states have passed Contradictory Orders and in one by Apex Court had even ordered “Status Quo”.

In this case court upheld the constitutional validity of 77th, 81st, 82nd and 85th Amendments. For state to exercise this discretion and make provisions for reservation in promotion for SCs/STs state has to collect quantifiable date to show backwardness of a class and inadequacy of representation of that class in public employment in addition to Article 335. The reservations however will not breach the ceiling limit of 50% or obliterate the creamy layer or extend the reservation indefinitely.

3 Reference earlier made to 5-Judge Constitution Bench who ordered “Status Quo” as far as reservation in promotion to SC/ST employees are concerned. 5-judge bench will examine whether the issue of reservation in promotion is to be relooked or not.

4 As per article 16 (4A) of Constitution of India enables State to provide for reservation in promotion to SC/ST which in its opinion was not adequately represented in the services.

5 For State to make out a case under Article 16 (4A) Reservation in Promotion (RIP) should be on set of quantifiable data.

The reservation in promotion is applicable for both state and central government employees.